Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state (...) but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)

In a recent review essay of a two volume anthology on left-libertarianism (edited by two of us), Barbara Fried has insightfully laid out most of the core issues that confront left-libertarianism. We are each left-libertarians, and we would like to take this opportunity to address some of the general issues that she raises. We shall focus, as Fried does much of the time, on the question of whether left-libertarianism is a well-defined and distinct alternative to existing forms of liberal egalitarianism. (...) More specifically, we shall address the following fundamental issues raised by Fried (and others): (1) Does the notion self-ownership have any determinate content? (2) What is the relation between self-ownership and world ownership? (3) How is left-libertarianism different from other forms of liberal egalitarianism (e.g., those of Rawls and Dworkin)? (shrink)

We report two experiments supporting the theory that children’s understanding of ownership rights is related to their notions of body rights. Experiment 1 investigated 4- to 7-year-olds’ developing sensitivity to physical contact in their judgments about the acceptability of behaving in relation to owned objects and body parts. Experiment 2 used a simpler design to investigate this in 3- and 4-year-olds. Findings confirmed two predictions of the theory. First, in both experiments, children’s judgments about ownership and body rights were similarly (...) affected by physical contact. Second, judgments about both kinds of rights were yoked in development; age-related changes in judgments about ownership rights were paralleled by changes in judgments about body rights. Our findings have additional import for theories of ownership rights because they suggest that physical contact may be a crucial factor in whether behaviors targeting property are judged to be permissible. 2017 APA, all rights reserved). (shrink)

In Rescuing Justice and Equality G.A. Cohen argues that justice requires an uncompromising commitment to equality. Cohen also argues, however, that justice must be sensitive to other values, including a robust commitment to individual freedom and to the welfare of the community. We ask whether a commitment to these other values means that, despite Cohen’s commitment to equality, his view requires that we make room for inequality in the name of justice? We argue that even on Cohen’s version of egalitarianism (...) equality, freedom, and welfare are not always compatible. Justice will require trade-offs between these values. Sometimes, equality will need to be sacrificed. This is a surprising result and to show it, we use two informal impossibility proofs drawn from examples in Rescuing Justice and Equality. (shrink)

In Rescuing Justice and Equality G.A. Cohen argues that justice requires an uncompromising commitment to equality. Cohen also argues, however, that justice must be sensitive to other values, including a robust commitment to individual freedom and to the welfare of the community. We ask whether a commitment to these other values means that, despite Cohen’s commitment to equality, his view requires that we make room for inequality in the name of justice? We argue that even on Cohen’s version of egalitarianism (...) equality, freedom, and welfare are not always compatible. Justice will require trade-offs between these values. Sometimes, equality will need to be sacrificed. This is a surprising result and to show it, we use two informal impossibility proofs drawn from examples in Rescuing Justice and Equality. (shrink)

Adults apply ownership not only to objects but also to ideas. But do people come to apply principles of ownership to ideas because of being taught about intellectual property and copyrights? Here, we investigate whether children apply rules from physical property ownership to ideas. Studies 1a and 1b show that children (6–8 years old) determine ownership of both objects and ideas based on who first establishes possession of the object or idea. Study 2 shows that children use another principle of (...) object ownership, control of permission—an ability to restrict others’ access to the entity in question—to determine idea ownership. In Study 3, we replicate these findings with different idea types. In Study 4, we determine that children will not apply ownership to every entity, demonstrating that they do not apply ownership to a common word. Taken together, these results suggest that, like adults, children as young as 6 years old apply rules from ownership not only to objects but to ideas as well. (shrink)

I thank the members of the Law and Philosophy Discussion Group in Los Angeles and those who attended a talk sponsored by the philosophy department at New York University, where I presented earlier versions of this paper. I would also like to thank G. A. Cohen, Stephen Munzer, Seana Shiffrin, Peter Vallentyne, Andrew Williams, and the editors of Philosophy & Public Affairs, who read and provided written commentary on earlier drafts.